CHAND Vs. KESHAV DEO

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicle Act against the order dated 1st December 1977 passed by the Claims Tribunal (Second Additional District Judge, Mathura) awarding a compensation of Rs 5500/- with interest @ Rs. 6% per annum from the date of award till the realization. The respondent No. 2 was made liable to pay the entire amount.

(2.) ON 31st March 1976, the appellant, a minor boy aged about 6 years, was the victim of a motor accident. He was going on the left side of the road along with his father Badruddin. A Mini truck, USG 4268 was coming from the opposite direction. It is said that the driver was rash and negligent. The Mini Truck struck against a rikshaw, hand cart and two cyclists, and in all this the appellant was also injured on his leg.

(3.) THE respondents filed separate written statements. The respondent No. 1 is the owner of the truck and it denied that the accident was caused due to the negligence of the driver. Respondent No. 2 challenged the quantum claimed by the appellant and also raised the plea of contributory negligence on the part of the appellant. The plea of notice was also raised.